No. 12, at 12. Thus, Defendant has asked for and received precisely what the Government has offered.
B. Government Witnesses and Exhibits
The Court will merely confirm the Government's offer regarding Jencks Act and other materials. The Government shall provide Defendant with its witness list and Jencks Act material, as well as its case-in-chief exhibits at least two weeks prior to trial.
C. Brady Material
General Secord asks for the immediate provision of all exculpatory material in the Government's possession. Given the rapidly approaching trial date, the Court agrees. To the extent the Government has not already fulfilled its obligations under Brady and Rule 16, it shall do so immediately.
According to the Government, a good deal of the materials identified in Defendant's request have been, or will soon be turned over. While perhaps the Court has added somewhat to the Government's burden today, the scope of Defendant's outstanding requests has been narrowed appropriately and should allow for any additional discovery without the threat of a trial delay. The Court commends the parties both for their genuine efforts to expedite discovery in this matter and for their thoroughness in presenting the more crucial issues to the Court.
An appropriate Order accompanies this Memorandum.
DATE: October 17, 1989
PRETRIAL ORDER NO. 11 - October 17, 1989, Filed
This Order addresses Defendant's Request for Discovery (his Pretrial Motion No. 12) and the Supplement thereto, seeking tangible evidence in the possession of the Government which, according to Defendant, has not yet been surrendered in accordance with the Government's obligations under Federal Rule of Criminal Procedure 16 and the Supreme Court's decision in Brady v. Maryland, 373 U.S. 83, 10 L. Ed. 2d 215, 83 S. Ct. 1194 (1963). Upon consideration of the entire record in this matter, the hearings held by the Court on September 29 and October 16, 1989, and in accordance with the accompanying Memorandum, it is by the Court this 17th day of October, 1989,
ORDERED, that the Defendant's Request for Discovery be and hereby is GRANTED for the following Categories of tangible evidence not already provided, subject to the limitations indicated, if any:
1. Categories F(1), F(17), H, and K, to the extent that such documents or other tangible evidence are material to the issue of guilt, innocence or punishment, or would assist in the uncovering of admissible evidence, aid witness preparation, corroborate some aspect of Defendant's defense or assist impeachment or rebuttal of Government witnesses;
2. Categories F(2) (except Category F(2)(f)), F(3), F(4), F(6), F(12) and K; (except Category K(7)(f)); Supplemental Categories 2-9 (except Supplemental Category 3(f)) and 14, to the extent that the documents or other tangible evidence requested memorialize, quote, summarize or make reference to any conversation, meeting or writing which Defendant heard, saw, read or otherwise perceived before giving testimony before Congress, and in or at which the finances of the Enterprise or Defendant's relationship to those finances were discussed;
3. Category F(7), to the extent necessary to establish Lt. Col. North's operational and reporting responsibilities;
4. Supplemental Category 12; and it is
FURTHER ORDERED, upon the representations of the Government to the Court in its papers,
1. that Defendant's Request is now or shortly will be satisfied for the following Categories of documents or other tangible evidence: Categories A, B, C, D, F(5), F(8)-(11), F(16), F(18), G, I, J, L and O; Supplemental Categories 1, 11, 13, 15-17; and
2. that the Government shall provide Defendant with material tangible evidence under the following Categories no later than two weeks prior to trial: Categories E, F(13)-(15), M, N and Q; and it is
FURTHER ORDERED, that Defendant's Request be and hereby is DENIED with respect to tangible evidence under the following Categories: Categories F(2)(f), K(7)(f) and P; Supplemental Categories 3(f) and 10.